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(영문) 서울동부지방법원 2018.10.19 2017고단4013
사기
Text

Defendants are not guilty.

Reasons

1. The summary of the facts charged in the instant case at the D Authorized Broker Office located in Songpa-gu Seoul on September 3, 2012 at around 13:00, Defendant B may have the victim E with KRW 5 billion if the victim “B and A are doing business in a foreign country, but went abroad once again.”

Even if it is possible to bring more money to a foreign country as soon as possible, there are no aviation expenses and other expenses in the foreign country.

The loan of KRW 120,000,000 to the expenses that can be transferred to a foreign country shall be KRW 240,000 after three months.

A is operating a simple factory in the mountain, and the factory is well operated, and the defendant A operates a factory for a long time.

10 million won was called 10 million won, Mara.

However, at the time, Defendant A was liable for approximately KRW 1,150,000 without any money owned by Defendant A, Defendant B was a bad credit holder without any money owned by Defendant B, and Defendants were not able to have the amount of KRW 5,000,000,000, and thus, there was no intention or ability to pay the amount normally even if they borrowed money from the injured party.

On September 5, 2012, the Defendants: (a) by deceiving the victim; (b) received KRW 110,8650,000 from the victim; (c) received KRW 1300,00 from the victim to the bank account (G) in the name of the Defendant; and (d) subsequently, the Defendants received KRW 130,000,000 from the victim as the loan money to be paid by the Defendants; and (b) made the victim pay the said money by transferring it to the I Bank account (J) of the “H”); and (c) obtained the victim by deceptioning KRW 11,95,00 from the victim.

2. On September 4, 2012, the following circumstances acknowledged by the record of the judgment (i.e., the Defendant A’s borrowing of money from the victim, and (ii) the Defendant A entered into a contract to establish a priority-mortgage-mortgage-based L, M, N, and the above L L above with the victim on September 4, 2012.

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